Tibbs v. Commonwealth

525 S.E.2d 579, 31 Va. App. 687, 2000 Va. App. LEXIS 155
CourtCourt of Appeals of Virginia
DecidedMarch 7, 2000
Docket1717982
StatusPublished
Cited by15 cases

This text of 525 S.E.2d 579 (Tibbs v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tibbs v. Commonwealth, 525 S.E.2d 579, 31 Va. App. 687, 2000 Va. App. LEXIS 155 (Va. Ct. App. 2000).

Opinions

COLE, Senior Judge.

Appellant, Kelley Ann Tibbs, was convicted by a jury of robbery, abduction and capital murder. The capital murder conviction was based on a finding of a murder committed in the commission of robbery. See Code § 18.2-31(4).

Appellant was sentenced to ten years for the robbery conviction and life imprisonment for the capital murder conviction. She was also sentenced to ten years for the abduction, but this conviction has not been appealed.

At the writ stage of this proceeding, appellant contended: (1) the trial court erred by entering final judgment on the robbery verdict when the verdict was based on evidence that was insufficient as a matter of law; and (2) the trial court erred by entering final judgment on the capital murder verdict when the verdict was based on evidence that was insufficient as a matter of law.

[691]*691We denied the first assignment of error but granted the second. Therefore, the sole question before us is whether the evidence is sufficient to support the capital murder conviction.

FACTS

“On appeal, ‘we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom.’ ” Archer v. Commonwealth, 26 Va.App. 1, 11, 492 S.E.2d 826, 831 (1997) (citation omitted). So viewed, the evidence proved that, on July 26, 1997, appellant, Dana Vaughn and the victim, Stacy Hanna, lived at 210 South Belmont Avenue in the City of Richmond. Tracy Bitner previously lived at the Belmont Avenue house. Domiea Winckler lived around the corner from Belmont Avenue. Stephanie Cull lived in Chester. They were all friends.

Appellant had a homosexual relationship with Bitner. Appellant and Bitner ended their relationship shortly before Hanna moved into the Belmont Avenue house. After Hanna moved in, appellant and Hanna became romantically involved.

Around 9:00 p.m. on Saturday, July 26, 1997, appellant, Vaughn, Cull, Bitner, Winckler, Hanna, a female named Sandy and a female named Leslie attended a party. Sandy was Bitner’s new friend. At the party, Hanna made comments to appellant in an attempt to dissuade appellant from reconciling with Bitner and to further Hanna’s romantic involvement with appellant; Hanna told appellant that Bitner and Sandy were a happy couple, that Bitner no longer wanted a romantic relationship with appellant, and that appellant needed to be involved with Hanna.

Later, the group returned to Belmont Avenue. Appellant had a private discussion with Sandy, while Bitner, Hanna, Vaughn and others went into another room. Afterwards, Hanna approached appellant and said that Bitner told her, Hanna, that Bitner no longer wanted a relationship with appellant and that Bitner wanted Hanna to relate that information to appellant.

[692]*692Appellant, Cull, Bitner and Winckler then left the Belmont Avenue house. While gone, appellant learned that Bitner did not make the statements that Hanna related to appellant. Appellant became angry with Hanna and expressed her desire to “beat her ass.” According to appellant, “everybody else [in the car at that time] was like yeah we’re gonna beat her ass.” The original plan was to “take her to Byrd Park and ... rough her up and leave her there and let her walk home.”

The four women then returned to the Belmont Avenue house. Appellant, Winckler and Cull invited Vaughn and Hanna to ride with them and Bitner to Marsh Field in Chesterfield County to “hang out.” Cull drove. Upon arriving at Marsh Field, appellant, Cull, Winckler and Bitner exited the car. Hanna remained in the car with Vaughn, who was ill. A short time later, appellant entered the car and told Hanna that she would stay with Vaughn. After Hanna exited the car, appellant told Vaughn “that they were going to kick [Hanna’s] ass” because she lied to appellant about Bitner. Appellant then exited the car and joined the group, leaving Vaughn alone in the car.

While in the car at Marsh Field, Vaughn could not see the group, but she “heard them start beating” Hanna. Cull returned to the car and turned on the headlights. Vaughn then saw Hanna “covered in blood.” Vaughn testified that she saw Bitner “push [Hanna] down and Domica [Winckler] picked up a cinder block ... and threw it on her.” Eventually, all of them returned to the car while Hanna lay on the ground.

Vaughn testified that, while leaving Marsh Field, “there was a conversation.” Appellant “was saying that we needed to take her to a hospital or something or a phone at least.” Bitner “suggested that we cut out her tongue so she couldn’t talk.” Winckler “said that we needed to cut off her fingers so she couldn’t write.” They “went down the road a ways,” then returned to Hanna’s location and placed Hanna in the trunk of the car.

En route to another location, Hanna “started beating on the trunk,” so Cull stopped the car and Winckler got out and [693]*693opened the trunk. Hanna asked to be taken to a telephone “so she could call her mother and tell her that she loved her,” but Winckler “told her no and shut the trunk.”

Cull then drove to an isolated location on Nash Road and stopped the car. Cull, Bitner, Winckler and appellant got out of the car and stood around the trunk. Vaughn testified that she “heard Domica [Winckler] tell Stacy [Hanna] to give her her rings and her watch.” Hanna “said that she could have them, all but one.” Winckler “said give me all of them.” Hanna was then removed from the trunk. At that point, Cull, Winckler, Bitner, and appellant took Hanna under the fence and down the road. The four women proceeded down a deserted path until Vaughn was unable to see them. At some point, Cull returned to the car. Vaughn “heard a cry and then [she] heard another cry and then [she] heard the cry get muffled, something, and that was it.” Winckler and Bitner returned to the car twenty minutes later, followed by appellant. All three women were muddy. Vaughn testified that Bitner and Winckler “were kind of bragging about what they had done.”

[Winckler] said that she had stabbed her with a bladeless knife in her chest. And Tracy [Bitner] was bragging how she had stabbed her a bunch of times in the heart saying, “Give me your heart, Bitch, why don’t you die.” And she had slit her throat and stuffed mud in her mouth to get her to stop screaming.

Bitner testified that appellant, Winckler and Cull initiated the attack on Hanna at Marsh Field when they began to kick and hit Hanna. Bitner saw appellant and Winckler with box cutter razor knives. Bitner took one of the box cutter razor knives and cut Hanna on the back of her shoulder. Appellant and Winckler continued to kick and punch Hanna. After Winckler hit Hanna with a cinder block, the attackers “got in the car” to leave. They “went down the road a little bit and it was brought up that [Hanna] was going to tell.” Cull then “turned around and we went back” to get Hanna. Hanna “had crawled” to a different spot, and appellant and Winckler picked her up and placed her in the trunk. When asked if [694]*694they planned on taking Hanna to a hospital, Bitner stated, “I don’t think a hospital was involved.” Cull stopped her car twice after leaving Marsh Field. The first time, Cull “got out and kicked” Hanna; the second time, all four participants exited and stood around the open trunk during the robbery of Hanna.

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Tibbs v. Commonwealth
525 S.E.2d 579 (Court of Appeals of Virginia, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
525 S.E.2d 579, 31 Va. App. 687, 2000 Va. App. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tibbs-v-commonwealth-vactapp-2000.